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Re: Zimbra and Yahoo Public License



On Thu, 13 Mar 2008 11:26:39 +0100 (CET) Allard Hoeve wrote:

> 
> Hello All,

Hi!

> 
> I'd like to try to package Zimbra for Debian.
> 
> Zimbra is at http://www.zimbra.com/. It is distributed according to the 
> Yahoo Public License, which you can read at 
> http://www.zimbra.com/license/yahoo_public_license_1.0.html
> 
> Is the Yahoo Public License DFSG-compatible?
[...]
> What does the debian-legal community think?

When asking debian-legal for a license review, it is usually
recommended that the license text is fully quoted in the message.
This way, comments can be made more easily and the license text under
discussion is archived together with the thread for future reference.

Below is the full quote of the license text, obtained with

  $ w3m -cols 140 -dump \
  http://www.zimbra.com/license/yahoo_public_license_1.0.html \
  > yahoo_public_license_1.0.txt

and a bit of hand editing to discard the extraneous stuff...



Yahoo! Public License, Version 1.0 (YPL)

This Yahoo! Public License (this "Agreement") is a legal agreement
that describes the terms under which Yahoo! Inc., a Delaware
corporation having its principal place of business at 701 First
Avenue, Sunnyvale, California 94089 ("Yahoo!") will provide software
to you via download or otherwise ("Software"). By using the Software,
you, an individual or an entity ("You") agree to the terms of this
Agreement.

In consideration of the mutual promises and upon the terms and
conditions set forth below, the parties agree as follows:

 1. Grant of Copyright License
      □ 1.1 - Subject to the terms and conditions of this Agreement,
        Yahoo! hereby grants to You, under any and all of its
        copyright interest in and to the Software, a royalty-free,
        non-exclusive, non-transferable license to copy, modify,
        compile, execute, and distribute the Software and
        Modifications. For the purposes of this Agreement, any change
        to, addition to, or abridgement of the Software made by You is
        a "Modification;" however, any file You add to the Software
        that does not contain any part of the Software is not a
        "Modification."
      □ 1.2 - If You are an individual acting on behalf of a
        corporation or other entity, Your use of the Software or any
        Modification is subject to Your having the authority to bind
        such corporation or entity to this Agreement. Providing copies
        to persons within such corporation or entity is not considered
        distribution for purposes of this Agreement.
      □ 1.3 - For the Software or any Modification You distribute in
        source code format, You must do so only under the terms of
        this Agreement, and You must include a complete copy of this
        Agreement with Your distribution. With respect to any
        Modification You distribute in source code format, the terms
        of this Agreement will apply to You in the same way those
        terms apply to Yahoo! with respect to the Software. In other
        words, when You are distributing Modifications under this
        Agreement, You "stand in the shoes" of Yahoo! in terms of the
        rights You grant and how the terms and conditions apply to You
        and the licensees of Your Modifications. Notwithstanding the
        foregoing, when You "stand in the shoes" of Yahoo!, You are
        not subject to the jurisdiction provision under Section 7,
        which requires all disputes under this Agreement to be subject
        to the jurisdiction of federal or state courts of northern
        California.
      □ 1.4 - For the Software or any Modification You distribute in
        compiled or object code format, You must also provide
        recipients with access to the Software or Modification in
        source code format along with a complete copy of this
        Agreement. The distribution of the Software or Modifications
        in compiled or object code format may be under a license of
        Your choice, provided that You are in compliance with the
        terms of this Agreement. In addition, You must make absolutely
        clear that any license terms applying to such Software or
        Modification that differ from this Agreement are offered by
        You alone and not by Yahoo!, and that such license does not
        restrict recipients from exercising rights in the source code
        to the Software granted by Yahoo! under this Agreement or
        rights in the source code to any Modification granted by You
        as described in Section 1.3.
      □ 1.5 - This Agreement does not limit Your right to distribute
        files that are entirely Your own work (i.e., which do not
        incorporate any portion of the Software and are not
        Modifications) under any terms You choose.
 2. Support
      □ Yahoo! has no obligation to provide technical support or
        updates to You. Nothing in this Agreement requires Yahoo! to
        enter into any license with You for any other edition of the
        Software.
 3. Intellectual Property Rights
      □ 3.1 - Except for the license expressly granted under copyright
        in Section 1.1, no rights, licenses or forbearances are
        granted or may arise in relation to this Agreement whether
        expressly, by implication, exhaustion, estoppel or otherwise.
        All rights, including all intellectual property rights, that
        are not expressly granted under this Agreement are hereby
        reserved.
      □ 3.2 - In any copy of the Software or in any Modification you
        create, You must retain and reproduce, any and all copyright,
        patent, trademark, and attribution notices that are included
        in the Software in the same form as they appear in the
        Software. This includes the preservation of attribution
        notices in the form of trademarks or logos that exist within a
        user interface of the Software.
      □ 3.3 - This license does not grant You rights to use any
        party's name, logo, or trademarks, except solely as necessary
        to comply with Section 3.2.
 4. Disclaimer of Warranties
      □ THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY
        KIND. YAHOO! MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR
        STATUTORY REGARDING OR RELATING TO THE SOFTWARE. SPECIFICALLY,
        YAHOO! DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE
        OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST
        EXTENT ALLOWED BY LAW, YAHOO! SPECIFICALLY DISCLAIMS ALL
        IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
        PARTICULAR PURPOSE (EVEN IF YAHOO! HAD BEEN INFORMED OF SUCH
        PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE,
        ANY MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE
        FOREGOING.
 5. Limitation of Liability
      □ IN NO EVENT WILL YAHOO! BE LIABLE FOR ANY DIRECT, INDIRECT,
        INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF
        ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS
        OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER) IN
        CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE
        FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER
        RIGHTS GRANTED HEREUNDER, WHETHER ALLEGED AS A BREACH OF
        CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, AND EVEN
        IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 6. Term and Termination
      □ 6.1 - This Agreement will continue in effect unless and until
        terminated earlier pursuant to this Section 6.
      □ 6.2 - In the event Yahoo! determines that You have breached
        this Agreement, Yahoo! may terminate this Agreement.
      □ 6.3 - All licenses granted hereunder shall terminate upon the
        termination of this Agreement. Termination will be in addition
        to any rights and remedies available to Yahoo! at law or
        equity or under this Agreement.
      □ 6.4 - Termination of this Agreement will not affect the
        provisions regarding reservation of rights (Section 3.1),
        provisions disclaiming or limiting Yahoo!'s liability
        (Sections 4 and 5), Termination (Section 6) or Miscellaneous
        (Section 7), which provisions will survive termination of this
        Agreement.
 7. Miscellaneous
      □ This Agreement contains the entire agreement of the parties
        with respect to the subject matter of this Agreement and
        supersedes all previous communications, representations,
        understandings and agreements, either oral or written, between
        the parties with respect to said subject matter. The
        relationship of the parties hereunder is that of independent
        contractors, and this Agreement will not be construed as
        creating an agency, partnership, joint venture or any other
        form of legal association between the parties. If any term,
        condition, or provision in this Agreement is found to be
        invalid, unlawful or unenforceable to any extent, this
        Agreement will be construed in a manner that most closely
        effectuates the intent of this Agreement. Such invalid term,
        condition or provision will be severed from the remaining
        terms, conditions and provisions, which will continue to be
        valid and enforceable to the fullest extent permitted by law.
        This Agreement will be interpreted and construed in accordance
        with the laws of the State of California and the United States
        of America, without regard to conflict of law principles. The
        U.N. Convention on Contracts for the International Sale of
        Goods shall not apply to this Agreement. All disputes arising
        out of this Agreement involving Yahoo! or any of its
        subsidiaries shall be subject to the jurisdiction of the
        federal or state courts of northern California, with venue
        lying in Santa Clara County, California. No rights may be
        assigned, no obligations may be delegated, and this Agreement
        may not be transferred by You, in whole or in part, whether
        voluntary or by operation of law, including by way of sale of
        assets, merger or consolidation, without the prior written
        consent of Yahoo!, and any purported assignment, delegation or
        transfer without such consent shall be void ab initio. Any
        waiver of the provisions of this Agreement or of a party's
        rights or remedies under this Agreement must be in writing to
        be effective. Failure, neglect or delay by a party to enforce
        the provisions of this Agreement or its rights or remedies at
        any time, will not be construed or be deemed to be a waiver of
        such party's rights under this Agreement and will not in any
        way affect the validity of the whole or any part of this
        Agreement or prejudice such party's right to take subsequent
        action.

 ©2007, Zimbra Inc. All rights reserved.



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